Common use of Initial Security Deposit Clause in Contracts

Initial Security Deposit. If so specified in the Basic Lease Information, Tenant shall deposit with Landlord, in cash, the Security Deposit on or before a date three (3) days after the full execution of this Lease by Landlord and Xxxxxx. At Tenant’s option, the Security Deposit may be in the form of an unconditional, clean, irrevocable, standby letter of credit (“L-C”). The Security Deposit shall be held by Landlord as security for the performance by Tenant of all its obligations under this Lease. If Tenant fails to pay any Rent due hereunder, or otherwise commits a default with respect to any provision of this Lease, Landlord may use, apply or retain all or any portion of the Security Deposit for the payment of any such Rent or for the payment of any other amounts expended or incurred by Landlord by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any default. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall, within ten (10) days after demand by Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its then appropriate amount as set forth in this Article 26. If Xxxxxx performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to Tenant (or, at Landlord’s option, to the last assignee, if any, of Xxxxxx’s interest under this Lease, or to such person as Landlord and Tenant otherwise agree) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this Lease. Xxxxxxxx’s receipt and retention of the Security Deposit shall not create any trust or fiduciary relationship between Landlord and Tenant and Landlord need not keep the Security Deposit separate from its general accounts. Upon termination of the original Landlord’s (or any successor owner’s) interest in the Premises, the original Landlord (or such successor) shall be released from further liability with respect to the Security Deposit upon the original Landlord’s (or such successor’s) compliance with California Civil Code Section 1950.7(d), or successor statute.

Initial Security Deposit. If so specified in the Basic Lease Information, Tenant shall deposit with Landlord, in cash, the Security Deposit on or before a the date three provided in the Basic Lease Information. Subject to the provisions of Section 26.3 below, the amount of the Security Deposit shall, at all times during the Term, be $2,750,000.00 (3) days after the full execution of this Lease by Landlord and Xxxxxx“Required Amount”). At Tenant’s option, the Security Deposit may be in the form of an unconditional, clean, irrevocable, standby letter of credit (“L-C”). The Security Deposit shall be held by Landlord as security for the performance by Tenant of all its obligations under this Lease. If Tenant fails to pay any Rent due hereunder, or otherwise commits a default with respect to any provision of this Lease, Landlord may use, apply or retain all or any portion of the Security Deposit for the payment of any such Rent or for the payment of any other amounts expended or incurred by Landlord by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any default. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall, within ten (10) days after demand by Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its then appropriate amount as set forth in this Article 26full amount. If Xxxxxx Tenant performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to Tenant (or, at Landlord’s option, to the last assignee, if any, of XxxxxxTenant’s interest under this Lease, or to such person as Landlord and Tenant otherwise agree) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this Lease. XxxxxxxxLandlord’s receipt and retention of the Security Deposit shall not create any trust or fiduciary relationship between Landlord and Tenant and Landlord need not keep the Security Deposit separate from its general accounts. Upon termination of the original Landlord’s (or any successor owner’s) interest in the Premises, the original Landlord (or such successor) shall be released from further liability with respect to the Security Deposit upon the original Landlord’s (or such successor’s) compliance with California Civil Code Section 1950.7(d), or successor statute.

Initial Security Deposit. If so specified in Concurrently with the Basic Lease Informationexecution of this Sublease, Tenant Subtenant shall deposit with Landlord, in cash, Sublandlord the Security Deposit on or before a date three sum of One Hundred and Sixty Three Thousand Three Hundred Eighty Three Dollars and Fifty Two Cents (3) days after the full execution of this Lease by Landlord and Xxxxxx. At Tenant’s option, the Security Deposit may be in the form of an unconditional, clean, irrevocable, standby letter of credit ($163,383.52)(the “L-CDeposit”). The Security Deposit , which shall be held by Landlord Sublandlord as security for the full and faithful performance by Tenant Subtenant of all its covenants and obligations under this LeaseSublease. Except as expressly provide in this paragraph to the contrary, the Deposit is not an advance Rent deposit, an advance payment of any other kind, or a measure of Sublandlord’s damage in case of Subtenant’s default. If Tenant fails Subtenant defaults in the full and timely performance of any or all of Subtenant’s covenants and obligations set forth in this Sublease, then Sublandlord may, from time to pay time, without waiving any Rent due hereunderother remedy available to Sublandlord, use the Deposit, or otherwise commits any portion of it, to the extent necessary to cure or remedy the default or to compensate Sublandlord for all or a part of the damages sustained by Sublandlord resulting from Subtenant’s default. Subtenant shall immediately pay to Sublandlord within five (5) days following demand, the amount so applied in order to restore the Deposit to its original amount, and Subtenant’s failure to immediately do so shall constitute a default under this Sublease. If Subtenant is not in default with respect to any provision of the covenants and obligations set forth in this Lease, Landlord may use, apply Sublease at the expiration or retain all or any portion earlier termination of the Security Sublease, Sublandlord shall return the Deposit for the payment of any such Rent (or for the payment of any other amounts expended or incurred by Landlord by reason of Tenant’s default, or so much as then remains) to compensate Landlord for any loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any default. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall, Subtenant [within ten (10) days after demand by Landlord, deposit cash with Landlord in an amount sufficient to restore days] following the Security Deposit to its then appropriate amount as set forth in this Article 26. If Xxxxxx performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to Tenant (or, at Landlord’s option, to the last assignee, if any, of Xxxxxx’s interest under this Lease, or to such person as Landlord and Tenant otherwise agree) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this LeaseSublease. XxxxxxxxSublandlord’s receipt and retention of the Security Deposit shall not create any trust or fiduciary relationship between Landlord and Tenant and Landlord need not keep the Security Deposit separate from its general accounts. Upon termination of the original Landlord’s (or any successor owner’s) interest in the Premises, the original Landlord (or such successor) shall be released from further liability obligations with respect to the Security Deposit upon are those of a debtor and not a trustee. Sublandlord shall not be required to maintain the original LandlordDeposit separate and apart from Sublandlord’s (general or such successor’s) compliance other funds and Sublandlord may commingle the Deposit with California Civil Code Section 1950.7(d), any of Sublandlord’s general or successor statuteother funds. Subtenant shall not at any time be entitled to interest on the Deposit.

Initial Security Deposit. If so specified in the Basic Lease InformationConcurrently with Subtenant’s execution of this Sublease, Tenant Subtenant shall deposit with Landlord, in cash, the Security Deposit on or before Sublandlord a date three (3) days after the full execution of this Lease by Landlord and Xxxxxx. At Tenant’s option, the Security Deposit may be in the form of an unconditional, clean, irrevocable, standby letter of credit in the amount of $1,062,869.33 (the “L-CSecurity Deposit”). The letter of credit shall be in form and substance acceptable to Sublandlord in its reasonable discretion. If such letter of credit is issued for less than the entire Term, it shall be for a term of no less than one year and shall be renewed at least 60 days prior to its expiration. In the final year of the Term, such letter of credit shall be renewed for a period through two months beyond the Lease Termination Date. The Security Deposit shall be held by Landlord as security for secure the full and complete performance by Tenant of all its obligations under this Lease. If Tenant fails to pay any Rent due hereunder, or otherwise commits a default with respect to any each provision of this LeaseSublease to be performed by Subtenant, Landlord may useincluding, but not limited to, the payment of Rent and all other sums required to be paid by Subtenant under this Sublease. Except as required in this Section, Sublandlord shall not be required to pay interest on the Security Deposit or to keep the Security Deposit separate from Sublandlord’s own funds. If Subtenant fails to perform any or all of Subtenant’s covenants and obligations and has not cured such non-performance within all applicable notice, cure and or grace periods under this Sublease, Sublandlord may, but without obligation to do so, draw on any letter of credit to the extent required for the payment of such non-performance only, and otherwise retain or apply or retain all or any portion of the Security Deposit for toward the payment fulfillment of any such Rent or for the payment of any other amounts expended or incurred by Landlord by reason of TenantSubtenant’s default, or to compensate Landlord for any loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any defaultunperformed covenants and/or obligations. If Landlord Sublandlord does so uses retain or applies all or apply any portion of the Security Deposit, Tenant shall, within ten (10) days after demand by Landlord, deposit Subtenant shall immediately pay Sublandlord cash with Landlord in an amount sufficient to restore the Security Deposit to its the amount prior to such application. Upon the expiration or sooner termination of this Sublease, after Subtenant vacates and surrenders the Subleased Premises in accordance with the terms hereof, except to the extent that Subtenant is in default (and then appropriate amount as set forth in this Article 26. If Xxxxxx performs all only to the extent of Tenant’s obligations hereundersuch default), Sublandlord shall return to Subtenant any balance of the Security DepositDeposit not applied or retained by Sublandlord and any letter of credit, or so much thereof as has not theretofore been applied by Landlordand if Subtenant remains in default, shall be returned, without interest, then Sublandlord may draw on any letter of credit and otherwise subtract the amount necessary to Tenant (or, at Landlord’s option, to cure the last assigneedefault, if any, and return the balance (and the letter of Xxxxxx’s credit, if applicable) to Subtenant. If the Security Deposit at any time is cash, it shall be maintained in an interest under this bearing account and Subtenant shall be entitled to all interest earned thereon less the deduction for administrative expenses permitted pursuant to Section 7-103 of the General Obligations Law. In the event of an assignment by Sublandlord of its interest in the Master Lease, or Sublandlord shall have the right to such person as Landlord transfer the Security Deposit to the assignee, and Tenant otherwise agree) within thirty (30) days after Sublandlord shall thereupon be released for the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this Lease. Xxxxxxxx’s receipt and retention return of the Security Deposit shall not create any trust or fiduciary relationship between Landlord and Tenant and Landlord need not keep the Security Deposit separate from its general accounts. Upon termination of the original Landlord’s (or any successor owner’s) interest in the Premises, the original Landlord (or such successor) shall be released from further liability with respect to the Security Deposit upon the original Landlord’s (or such successor’s) compliance with California Civil Code Section 1950.7(d), or successor statuteDeposit.

Initial Security Deposit. If so specified in the Basic Lease Information, Tenant shall deposit with Landlord, in cash, the Security Deposit on or before a date three sixty (360) days after before the full execution of this Lease Possession Date (as reasonably determined by Landlord and XxxxxxLandlord). At Tenant’s 's option, the Security Deposit may be in the form of an unconditional, clean, irrevocable, standby letter of credit (“"L-C”"). The Security Deposit shall be held by Landlord as security for the performance by Tenant of all its obligations under this Lease. If Tenant fails to pay any Rent due hereunder, or otherwise commits a default with respect to any provision of this Lease, Landlord may use, apply or retain all or any portion of the Security Deposit for the payment of any such Rent or for the payment of any other amounts expended or incurred by Landlord by reason of Tenant’s 's default, or to compensate Landlord for any loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any default. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall, within ten (10) days after demand by Landlord, deposit cash cash, or an L-C (in accordance with the provisions of this Section 26.1) at Tenant's option, with Landlord in an amount sufficient to restore the Security Deposit to its then appropriate amount as set forth in this Article 26full amount. If Xxxxxx performs Tenaxx xxxforms all of Tenant’s 's obligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to Tenant (or, at Landlord’s 's option, to the last assignee, if any, of Xxxxxx’s interest Tenaxx'x xnterest under this Lease, or to such person as Landlord and Tenant otherwise agree) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this Lease. Xxxxxxxx’s receipt Landxxxx'x xeceipt and retention of the Security Deposit shall not create any trust or fiduciary relationship between Landlord and Tenant and Landlord need not keep the Security Deposit separate from its general accounts. Upon termination of the original Landlord’s 's (or any successor owner’s's) interest in the Premises, the original Landlord (or such successor) shall be released from further liability with respect to the Security Deposit upon the original Landlord’s 's (or such successor’s's) compliance with California Civil Code Section 1950.7(d), or successor statute.

Initial Security Deposit. If so specified in the Basic Lease InformationOn execution of this Lease, Tenant shall deposit with LandlordLandlord a clean, in cash, the Security Deposit on or before a date three (3) days after the full execution of this Lease by Landlord and Xxxxxx. At Tenant’s option, the Security Deposit may be in the form of an unconditional, clean, irrevocable, standby irrevocable letter of credit (“L-/C”). The ) issued by a major money-center bank or other bank reasonably acceptable to Landlord, in substantially the form attached hereto as Exhibit E in the amount specified in the Basic Lease Information as the Security Deposit shall be held by Landlord (the “Security Deposit”), as security for the performance of Tenant’s obligations under this Lease. Landlord approves Silicon Valley Bank as an issuer of the L/C. Tenant shall maintain the L/C from the date of Tenant’s execution of this Lease through the sixtieth (60th) day following the later of: (i) the Expiration Date of this Lease (as such date may be extended pursuant to Section 39), and (ii) the surrender of the Premises by Tenant of all its obligations under in accordance with this Lease. If Tenant fails to pay any Rent or other charges when due hereunder, or otherwise commits a default with respect an Event of Default or fails to perform any provision of this Lease, Landlord may use, apply or retain all or any portion of the Security Deposit for the payment of any such Rent or for the payment of any other amounts expended or incurred by Landlord by reason of Tenant’s default, obligations hereunder Landlord may draw upon the L/C (in whole or in part) and use the funds drawn down toward such payment or to cure such Event of Default or to compensate Landlord for any loss or damage which Landlord may incur thereby (incurs as a result of Tenant’s failure to perform any of Tenant’s obligations hereunder. In such event, Tenant shall provide Landlord with a new L/C in an amount sufficient to replenish the Security Deposit. Tenant’s failure to provide and keep the L/C in full force and effect and otherwise in accordance with the terms of this regard Section 4 shall constitute a material breach of this Lease. Tenant hereby waives any and all rights of Tenant under the provisions of California Civil Code Section 1950.7(c) section 1950.7 with respect to the L/C, any amounts drawn thereupon, and any similar or successor statute providing that Landlord may claim from a other security deposit only those sums reasonably necessary to remedy defaults deposits made by Tenant in the payment accordance with other provisions of Rent, to repair damage caused by Tenant, or to clean the Premises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any defaultthis Lease. If Landlord so uses or applies all or any portion of Tenant is not in default at the Security Deposit, Tenant shall, within ten (10) days after demand by Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its then appropriate amount as set forth in this Article 26. If Xxxxxx performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to Tenant (or, at Landlord’s option, to the last assignee, if any, of Xxxxxx’s interest under this Lease, or to such person as Landlord and Tenant otherwise agree) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation of the Premises by Landlord shall return to Tenant if the Premises has been left in the condition specified by this Lease. Xxxxxxxx’s receipt and retention of the Security Deposit shall not create any trust or fiduciary relationship between the balance thereof then held by Landlord and Tenant and not applied as provided above. Landlord need not keep may commingle the Security Deposit separate from its general accounts. Upon termination of the original with Landlord’s (or any successor owner’s) general and other funds. Landlord shall not be required to pay interest in the Premises, the original Landlord (or such successor) shall be released from further liability with respect to on the Security Deposit upon the original Landlord’s (or such successor’s) compliance with California Civil Code Section 1950.7(d), or successor statuteto Tenant.

Initial Security Deposit. If so specified in the Basic Lease Information, Tenant shall deposit Concurrently with Landlord, in cash, the Security Deposit on or before a date three (3) days after the full Tenant's execution of this Lease by Landlord and Xxxxxx. At Tenant’s optionTenant shall wire transfer to Landlord, in accordance with the wiring instructions set forth in Exhibit K attached hereto, funds in the amount of the Security Deposit may be Amount set forth in the form of an unconditional, clean, irrevocable, standby letter of credit (“L-C”). The Security Deposit shall be held by Landlord Section 1.1 as security for the full and punctual performance by Tenant of all its obligations under of the terms of this Lease. If Landlord shall deposit such funds in an interest bearing money market account in a financial institution selected by Landlord, with interest to be added to such account (the funds and interest in such account being referred to as the "Security Deposit"). In the event Tenant fails to pay defaults in the performance of any Rent due hereunder, or otherwise commits a default with respect to any provision of the terms of this LeaseLease beyond any applicable cure period, including the payment of rent, Landlord may use, apply or retain all the whole or any portion part of the Security Deposit to the extent required for the payment of any such Rent rent or for the payment of any other amounts expended sum which Landlord may expend or incurred by Landlord may be required to expend by reason of Tenant’s default's default of any of the terms of this Lease, including any damages or to compensate Landlord for any loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults deficiency in the payment re-letting of Rent, to repair damage caused by Tenant, or to clean the Premises), whether accruing before or after summary proceedings or other re-entry by Landlord. Exercise by Landlord In the case of its rights hereunder shall not constitute a waiver ofevery such use, application or relieve Tenant from any liability for, any default. If Landlord so uses or applies all or any portion of the Security Depositretention, Tenant shall, within ten (10) days after demand by Landlordon demand, deposit cash with pay to Landlord in an amount sufficient the sum which when added to restore the Security Deposit then held by Landlord (if any) will cause the Security Deposit held by Landlord to its then appropriate amount as set forth in this Article 26equal the applicable Security Deposit Amount. If Xxxxxx performs Tenant shall fully and punctually comply with all of Tenant’s obligations hereunderthe terms of this Lease, the Security Deposit, or so much thereof as has not theretofore been applied by Landlordtogether with any accrued interest thereon, shall be returned, without interest, returned to Tenant (or, at Landlord’s option, to the last assignee, if any, of Xxxxxx’s interest under this Lease, or to such person as Landlord and Tenant otherwise agree) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation Lease and delivery of exclusive possession of the Premises to Landlord. In the event of a sale or lease of the building, Landlord shall have the right to transfer the security to the buyer or lessee and Landlord shall ipso facto be released by Tenant if from all liability for the Premises has been left in return of such security; and Tenant agrees to look solely to the condition specified by this Lease. Xxxxxxxx’s receipt new landlord for the return of the Security Deposit; and retention it is agreed that the provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new landlord. Tenant shall not create any trust assign or fiduciary relationship between encumber or attempt to assign or encumber the monies deposited herein as security and neither Landlord and Tenant and Landlord need not keep the Security Deposit separate from nor its general accounts. Upon termination of the original Landlord’s (successors or any successor owner’s) interest in the Premises, the original Landlord (or such successor) assigns shall be released from further liability with respect to the Security Deposit upon the original Landlord’s (bound by any such assignment, encumbrance or such successor’s) compliance with California Civil Code Section 1950.7(d), attempted assignment or successor statuteencumbrance.

Initial Security Deposit. If so specified After Lessor obtains a building permit to perform Lessor's Work in the Premises, Lessee shall, within 5 business days after it receives Lessor's request therefore, deposit with Lessor that sum identified in the Basic Lease Information, Tenant shall deposit with Landlord, in cash, Information as the Security Deposit on or before a date three (3) days after the full execution of this Lease by Landlord and Xxxxxx. At Tenant’s option, the Security Deposit may be in the form of an unconditional, clean, irrevocable, standby letter of credit (“L-C”). The Security Deposit shall be held by Landlord as security for the full performance by Tenant Lessee of all its obligations under hereunder. If the Security Deposit is not received within said 5-day period, Lessor may delay performance of Lessor's Work until the full Security Deposit is received, and Lessor may delay delivery of the Premises one day for each day Lessee is late in depositing the same, but base Rental (or abatement thereof pursuant to Section 3.5) shall nevertheless be due on the Commencement Date, notwithstanding any other provisions in this Lease. If Tenant fails to pay any Rent due hereunder, or otherwise commits a default with respect to Lessee defaults under any provision of this Leasehereof Lessor shall be entitled, Landlord may useat its option, to apply or and retain all or any portion part of the Security Deposit for the payment of any such Rent or for the payment of other sum in default or any other amounts expended amount which Lessor may spend or incurred by Landlord by reason become obligated to spend because of Tenant’s Lessee's default, or to compensate Landlord Lessor for any other loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions Lessor has suffered because of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any Lessee's default. If Landlord so uses or applies all or any portion of the Security DepositDeposit is so used or applied, Tenant Lessee shall, within ten five (105) business days after demand by Landlordwritten demand, deposit cash with Landlord Lessor in an amount sufficient to restore the Security Deposit to its then appropriate amount as set forth in this Article 26. If Xxxxxx performs all of Tenant’s obligations hereunderoriginal amount, the Security Deposit, or and Lessee's failure to do so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to Tenant (or, at Landlord’s option, to the last assignee, if any, of Xxxxxx’s interest under this Lease, or to such person as Landlord and Tenant otherwise agree) within thirty (30) days after the later of (i) the date of expiration or earlier termination a material breach of this Lease, or (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this Lease. Xxxxxxxx’s receipt and retention of the Security Deposit Lessor shall not create any trust or fiduciary relationship between Landlord and Tenant and Landlord need not be required to keep the Security Deposit separate from its general accountsfunds, and Lessee shall not be entitled to interest on the Security Deposit. Upon termination If Lessee fully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Lessee within 30 days after the expiration of the original Landlord’s (term of this Lease or any successor owner’s) interest in period of holding over with the Premises, the original Landlord (or such successor) shall be released from further liability written consent of Lessor. Lessor's rights with respect to the Security Deposit upon the original Landlord’s (shall be in addition to and shall not preclude concurrent, alternative or such successor’s) compliance with California Civil Code Section 1950.7(d), successive exercise of any other rights or successor statuteremedies available to Lessor.